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What is Community Property?

Community Property is defined by statute in the Revised Code of Washington (RCW) at 26.16.030, which states how property is legally accumulated and distributed between spouses during and after a valid marriage.  In 1869, the Washington Territorial legislature borrowed statutory language from California to create a community property system. After Washington became a state in 1889, that statute remained on the books. Today, Washington is one of the few states that continue to use this system.

What Laws Govern Community Property?

Community property issues arise when property is obtained by spouses or distributed between husbands and wives.  This can happen during divorce, probate, and other times that real and personal property are involved.

You should examine the following RCW sections to determine if community property laws apply to your situation:

RCW 11.02: Covers probate and trust law. See also RCW 11.02.070, which deals with the disposition of community property during probate.

RCW 11.04: Covers descent and distribution of property. See also RCW 11.04.015, concerning distribution of real and personal property from an estate.

RCW 11.07: Applies to non-probate assets when a marriage is dissolved.

RCW 26.04: Covers topics relating to marriage, including marriage licenses, legal marriages, and who may perform marriages.

RCW 26.09: Concerns dissolution of marriage and legal separation. See also RCW 26.09.080 on the disposition of property and related liabilities upon dissolution.

RCW 26.16: Covers the husband and wife relationship and rights and liabilities. See also RCW 26.16.030, which defines community property.

RCW 26.16.220: Defines quasi-community property and how to deal with real and personal property that is not deemed community property.

Getting Started:

For a good introduction to community property law that is not state specific, you can consult these general sources:

Community Property in a Nutshell, KF 526. Z9 M46 1988
Even though this is an older resource (1988), this book provides explanation by topic and discusses each community property state individually. It also provides citations to cases and statutes, which can be updated using Shepards on
LexisNexis, or KeyCite on Westlaw.

Community Property Law in the United States, KF 526. M3 1982
This book is also an older resource, and the latest supplement was in 1992; however, it remains a seminal work on the topic of community property law, and covers a variety of topics, including managing separate and community property, creditor’s rights as related to community property, and disposition of property at death or divorce.

Principles of Community Property, KF 526 .D4 1971
While this book was published in 1971, it is still an excellent source of background information, including a history and philosophy of community property. It includes sections on marriage, determining ownership interests, spousal obligations, dissolution, and taxation.

Washington-specific Print Resources at King County Law Library:

Community Property Law in Washington, K 27. A84
Excellent Washington-specific law review article with extensive subtopics, including transactions between spouses, marriage, and the disposition of property. This law review article is published in the Washington Law Review in volume 61, page 13 (1986).

Family and Community Property Law Handbook: Rules and Statutes (Vol. 22 of Washington Practice), KFW 80 .W3
Provides relevant state statutes pertinent to community property issues, including divorce and estates, although it has very few notes or annotations. Nevertheless, it is a handy one-stop shop for pertinent law.

Family and Community Property Law with Forms (Vol. 19 and 20 of Washington Practice), KFW 80 .W3
In Part III of Volume 19, the author discusses community property, including the history of community property, community and separate property basics, and transfers. Part IV includes community property agreements. In Part VIII of Volume 20, the author talks about separation of property upon dissolution of marriage.

Family Law Deskbook, KF 505. Z99 W36 (2000)
This deskbook is Washington-specific and discusses many areas of family law; specifically, chapter 32 discusses the division of property during divorce and separation.

Washington Community Property Deskbook, KF 526 .W38 2003
This is the best source for Washington-specific community property material. The authors have annotated cases and statutes as they relate to a variety of subtopics. The topics include marriage, ownership, taxation, and the transitory community.

Internet Resources:

LawForWa.org
This website allows you to do a keyword search for community property, and then access primary and secondary materials associated with Washington State.

Starting Points: Community Property
This research guide created by the Seattle University School of Law Library points to a number of community property resources. While this guide was written for the law student or legal practitioner, it is still useful for finding resources.

Washington LawHelp Guide to Family Law
Review family law materials for free, including dissolution self-help kits that discuss community property issues during divorce.

Washington Probate
This website contains information about community property and how it relates to estate law and probate.